logobeta
(영문) 수원지방법원 2018.02.23 2017노8723

마약류관리에관한법률위반(향정)

Text

The defendant's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that the sentence of the lower court (ten months of imprisonment) is too unreasonable.

2. In full view of all the sentencing conditions, such as the accused's age, sex behavior, motive for the crime, frequency of the crime, method of the crime, circumstances after the crime, etc., the lower court's punishment is too unreasonable, considering the following factors: (a) under favorable circumstances, the confession of the crime, the fact that the person is committed, and the amount of the penphone handled, the amount of the penphones is not large; (b) there are no records of punishment for the same crime after being punished for the same type of crime in 2010; (c) there are many criminal records; (d) there are two times criminal records due to the same type of crime; (e) the purchase and medication of the penphones over several times; and (e) there are no disadvantages in the nature of the crime, such as the fact that the phiphones are reactioned to the training of the penphones as a result of the evaluation of the

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.